Child-related domestic and family violence offences are taken extremely seriously in NSW. Police will often charge quickly — sometimes on limited information — when a child is present, affected, or alleged to be at risk. These matters can move fast, involve strict bail conditions, and have consequences for parenting arrangements and family life.
At Lenz Legal, we act only for the accused. You are presumed innocent unless and until the prosecution proves the charge beyond reasonable doubt.
Child-related domestic and family violence offences are taken extremely seriously in NSW. In practice, a domestic violence offence becomes child-related when police allege a child was present, witnessed the incident, was affected, or was placed at risk of harm.
These cases may involve:
Threats or causing fear of harm
Destroy or damage property (DV)
Choking, suffocation or strangulation
Contravene / breach AVO where a child is protected under the order
A child does not need to be physically harmed for the charge to be treated as a child-related offences.
Child-related DV allegations are treated as high-risk matters. In practice, this often results in:
This approach can lead to charges based on:
A key part of our role is ensuring the court sees the full context, not just the police summary.
Each offence has specific legal elements, but in a child-related DV case the prosecution usually must prove:
Such as an assault, threat, act of damage, intimidation, or alleged pattern of behaviour.
This requires actual admissible evidence — not assumptions, misunderstandings, or hearsay.
Between you and the complainant or affected adult.
Police must prove the child was:
For example:
If the prosecution cannot prove every required element, you must be found not guilty.
Child-related domestic violence allegations often arise in situations such as:
A child’s presence frequently leads police to err on the side of caution, even where the evidence is incomplete, inconsistent, or disputed.
Evidence Police Commonly Rely On
Prosecutors typically rely on:
Common weaknesses we identify include:
These matters often involve context gaps, and our defence strategy focuses on exposing those gaps clearly.
Possible Defences and Ways These Matters Are Resolved
Depending on the evidence and the specific offence, options may include:
A defended hearing may be appropriate where allegations are denied, evidence is weak, or a legal defence applies — such as:
We may be able to:
Negotiation is common in child-related DV matters because early police summaries often overstate risk based on limited information.
Where the evidence supports a plea, but the police facts are disputed or overstated, the focus shifts to ensuring the agreed facts are accurate and to minimising penalty.
In appropriate matters, the court may deal with the matter by:
Non-conviction outcomes are often achievable in appropriate child-related matters, depending on the evidence, risk assessment and your personal circumstances.
The best pathway is determined only after a full review of the brief.
Penalties depend on the underlying offence, the presence or absence of harm, and whether the child was exposed to risk.
Courts consider:
Outcomes range from non-conviction orders to full-time imprisonment in the most serious cases.
Courts must assess child-related allegations cautiously, but they also consider the full context, the reliability of the evidence, the absence of harm, and any steps you have taken towards rehabilitation.
Acting early allows us to:
These are high-stakes matters with real consequences. Having a defence lawyer engaged early makes a substantial difference.
When you come to Lenz Legal, we will:
You will deal directly with an experienced criminal defence lawyer, not a junior or call centre.
Choking, Suffocation or Strangulation
Threaten or Cause Fear of Harm – DV
Destroy or Damage Property – DV
No. A case may be treated as child-related even if no harm occurred. Exposure, presence or perceived risk can be enough for police to escalate the matter.
It can. Bail conditions or AVOs may restrict contact. Family court considerations can also arise. We can advise on how the criminal and family law processes interact.
No. DV offences are prosecuted by the State. However, the complainant’s evidence and views can be relevant to negotiations and outcomes.
No — get legal advice before speaking with police or attending an interview.
Contact Lenz Legal to discuss your situation and the best path forward. Early strategy is critical.
We provide expert advice and representation fearlessly protecting the rights and liberty of our clients whether charged with serious indictable offences, summary offences or driving offences. Call us now to see just what is possible.
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